Supplemental Needs Trusts in New York Personal Injury Cases

Personal injury attorneys with clients who are disabled and are recipients/potential recipients of government benefits have special considerations to factor into their analysis of the most appropriate manner to pay out net settlement proceeds. Recipients or potential recipients of Medicaid or Supplemental Security Income benefits may become ineligible for these critical benefits if they receive the settlement proceeds outright. A First-Party Pay-Back Supplemental Needs Trust ("SNT") or a Pooled SNT can be effective planning tools to preserve an individual's eligibility for these government benefits, now and in the future, while ensuring that the individual has access to the funds in the SNT during his/her lifetime. Utilizing SNTs to protect government benefits and preserve assets requires an understanding of various federal and New York state laws.

Lissett Ferreira, Esq. covers the essentials of understanding SNTs, and how to effectively utilize them to maintain an individual's eligibility for government benefits.

Learning Objectives:

1. Examine the eligibility requirements for the Medicaid and Supplemental Security Income programs
2. Discover how to identify plaintiffs that may benefit from planning with an SNT for their benefit, and who can legally create an SNT
3. Become familiar with the basic legal requirements for SNTs to be effective to preserve an individual's eligibility for government benefits
4. Comprehend the major differences between a First-Party Pay-Back SNT and a Pooled SNT
5. Discuss the mechanics of how to establish and administer the SNT